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      No-fault divorce, one year on

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      It’s one year since we welcomed the arrival of no-fault divorce in England and Wales (6th April 2022).
      As the biggest change to divorce law for decades, the advent of the no-fault process transformed divorce, separation, and civil partnership dissolution by removing the legal requirement for blame.
      For the past year, couples have been able to file for divorce without accepting fault or assigning blame to their partner, and without fabricating a reason where they don’t naturally fit into the five previously accepted grounds for divorce.
      No-fault divorce also removed the ability to contest a divorce.
      What was it like to divorce before no-fault divorce?
      Previously, irrespective of the reasons for divorce or the personal circumstances of a couple, there was a legal requirement to attribute blame to only one party, if they wanted to divorce in less than two years.
      The five reasons, or grounds, for divorce included unreasonable behaviour, adultery, separation after two years with consent, separation after 5 years without consent, or desertion.
      Why was no-fault divorce was introduced?
      Having to distil events into one crystallised reason and assign blame to only one party was unproductive for separating couples at best and frequently destroyed what was left of the relationship.
      Instead of conflict and stress, no-fault divorce paved the way for amicable collaboration, easing negotiations and reducing the overall mental health impact of divorce. It means that parties can find a way to move forward while focusing on the important issues, such as children, finances, and property.
      In addition, removing the ability to contest a divorce removed potential barriers for victim-survivors of domestic abuse, and those trapped in controlling relationships.
      Reflections on no-fault divorce one year on
      While no-fault divorce is a step forward that’s hugely benefited some, we must also consider the negative impact it has had on many couples going through the divorce process.
      No-fault divorce has removed the sometimes cathartic and understandable desire to blame. This has left some people frustrated. For example, if one party files for divorce following their partner’s infidelity, there is no longer a formal acknowledgement of their ex-partner’s misconduct or a way to hold them accountable for their actions. Whether divorce is a result of serious and sustained wrongdoing, or simply the result of growing apart, the divorce process is the same.
      Now, with no-fault divorce, it’s not essential to share the reason for the marital breakdown. However, as family lawyers we sometimes see that because this emotional line hasn’t been drawn at the outset, it can muddy the waters later in the divorce journey. Without an official vent, suppressed frustration about the cause of the divorce can occur. For many, tensions start running high later in the proceedings, creating further animosity and lengthier arguments over the practical elements of the divorce, such as dividing up assets and agreeing child arrangements.
      We must remember that most people going through a divorce are looking at matters through an emotional lens, rather than from a purely rational perspective. So, while no-fault divorce has certainly been a welcome change that has helped many couples to separate amicably, there is a flip side that should be acknowledged to help mitigate animosity further down the line.
      Useful links
      No-fault divorce has arrived
      The no-fault divorce process
      A complete guide to no-fault divorce
      How no-fault divorce impacted victims of domestic abuse More

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      in Family Law

      Mandatory mediation: what it could mean for divorcing couples

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      Last week the UK Gov announced plans to introduce mandatory mediation for separating or divorcing couples.
      This family justice system reform will make mediation mandatory in all appropriate family court cases. Under the proposals, divorcing or separating couples will be required to try to resolve child arrangements (custody) and financial arrangements through qualified mediation, with court action reserved as a last resort.
      It is hoped that by assisting families to avoid court, backlogs will be reduced, allowing the family courts to focus on cases that require their protection the most.
      Here, Stowe Senior Associate Filomena Sterkaj explains more.
      What are the UK Gov’s mediation reform proposals?
      The government’s new mediation reform plans aim to divert more family disputes away from our overburdened and backlogged family courts. Proposals call for mediation to be made mandatory in all suitable low-level family court cases, with the exception of those involving allegations or a history of domestic violence or concerns of child safeguarding.
      The proposals aim to achieve multiple objectives:

      Lowering demand within the family court system; freeing up resources to ensure that urgent cases are heard more quickly and reducing backlogs
      Protecting children from the negative consequences of seeing their parents resolve family law disputes in court, a process that is frequently fraught with conflict.

      Secretary of State for Justice Dominic Raab MP said “When parents drag out their separation through lengthy and combative courtroom battles it impacts on their children’s school work, mental health and quality of life.”
      If the proposal goes ahead, it is estimated that faster hearings and resolutions could benefit 36,000 vulnerable families each year.
      So how will mediation plans work?
      Under the proposed plans, separating couples will have to try to reach an agreement on their child and financial arrangements through a qualified mediator, reserving court action for complex issues or cases which have not been resolved via mediation.
      It has been suggested that Courts could impose costs orders to hold people accountable if they do not make a ‘reasonable attempt’ to mediate.
      In addition, the government’s Family Mediation Voucher Scheme will be extended until April 2025 backed by an additional £15 million in funding. The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes through mediation and has so far supported over 15,300 families.
      It has been reported that the voucher scheme has been beneficial for separating couples and their children. With further reports that an analysis of the first 7,200 users of the scheme shows 69% of participants have reached whole or partial agreements away from court.
      What is mediation?
      Mediation is a process in which couples work together to resolve their differences. Currently a voluntary alternative dispute resolution (ADR) option to assist families with overcoming disagreements, mediation typically minimises lengthy and acrimonious conflict, helping couples to maintain a constructive relationship – beneficial for both separated parents and their children.
      Mediation is conducted by a trained and accredited mediator who serves as an intermediary, rather than providing legal advice. Mediation can play a vital role in helping separating couples achieve positive outcomes, protecting children from disputes, as well as reducing the burden on the courts.
      Concerns about the mediation reform proposals
      However, the mediation reforms have raised some concerns.
      Firstly, the definition of ‘low-level cases’ and the process by which they will be assessed, are unclear. Furthermore, there are concerns that people will make false allegations against their partners in order to avoid mediation altogether. Equally, in cases where abuse or coercive control are unknown factors, victim-survivors may be coerced into participating, thereby empowering their abuser.
      The Law Society president Lubna Shuja said: ‘The risk is that compulsory mediation could force the wrong people into the process, at the wrong time and with the wrong attitude for it to be effective. They need to be ready to mediate and have a full understanding of what the process will involve.’
      Women’s Aid has said clarity is “urgently needed” to understand how the Ministry of Justice will ensure all domestic abuse survivors will be kept safe and allegations will be properly investigated.
      The proposals are subject to a government consultation which will run for 12 weeks, closing on 15 June 2023.
      Useful links
      Stowe Support – Mediation More

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      Transparency Pilot in the Family Courts – What You Need to Know

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      Taking a family dispute to court is an inherently stressful experience. When you factor in the wide scope a court has in making decisions for you and your family, combined with the perceived secrecy of the family courts, it can be an uncertain time for all.
      With the lack of transparency and accountability both long-term concerns of the existing system, there are major changes planned for UK family court proceedings.
      This guide will take you through the changes being piloted in what is known as the Transparency Pilot.
      The family courts
      Unlike the criminal courts, which are open for the public to access and frequently reported on, going through family court is a private and confidential process. Because of this, many members of the public know very little about family law proceedings. Often, their only exposure to the family court system is television programmes like Judge Rinder, and US-style televised litigation (think Amber Heard vs Jonny Depp or the OJ Simpson trial).
      Until now, journalists, bloggers and reporters have not been allowed in family proceedings (with some rare exceptions and the judge’s permission) and the information shared within family court cases is private. You could even go to prison, or be fined, for sharing information about proceedings, even your own case.
      For years, it’s been debated whether there should be more transparency in the family courts. Contributing to the slow pace of change is the tension between two major factors: the need to boost public trust in the family court and the need to maintain confidentiality and privacy for those who use the family court to resolve family disputes.
      What is the Transparency Pilot?
      The Transparency Pilot is UK government-initiated scheme launched in Leeds, Cardiff and Carlisle on 30th January 2023. It aims to allow ‘pilot reporters’, including accredited journalists and legal bloggers, to report on cases heard in the family court, subject to strict rules of anonymity.
      Reporters’ access is being tested to ensure that it can be done safely and with minimal disruption to those involved in the cases and the courts.
      Under the new rules, a judge will set out what can and cannot be reported by making a “transparency order” which allows for the following:

      Journalists, reporters and bloggers can come into family court hearings, watch the hearing and then report what happens;
      Journalists, reporters and bloggers can look at certain documents from the case;
      You can talk to journalists, reporters and bloggers about your own case;

      The cases will still be anonymised. No one is allowed to name or take photos of the mums, dads, husbands and wives or their children. Although it may be possible for you to recognise your case based on specific details (particularly in the local press) crucially, the aim is to make sure that others cannot identify your case by any of the facts reported.
      Under the pilot, who can attend and what can they see?
      The only people allowed access to report on your case are journalists with a UK Press Card, or a lawyer who is not involved in the case but is authorised to attend hearings just like a journalist (also called a legal blogger).
      This prevents any member of the public or person with an interest in your case coming to your hearings under the guise of being a journalist.
      The journalists can only see the basic case documents, which explain what the case is about and what the parties’ positions are – if they want to see anything else, such as a report from a social worker or a report into your pension then they must ask the judge for specific permission.
      What if I don’t want my case to be reported?
      Firstly, do not panic. For the time being this trial is taking place in just three courts – and not every case in those courts will be reported on – the judge will decide in each case whether it is a suitable case for journalist access to be allowed.
      If the judge decides that it is, but you would like it to remain private, you can request that the transparency order be changed.
      The judge will balance the things that you are worried about against the overall aim of the pilot – to make the family court a more open and understood system – and then decide whether the reporting can continue.
      And remember, no matter what the judge orders, you don’t have to speak to a reporter unless you want to.
      Why is the Transparency Pilot happening?
      There are multiple reasons, but fundamentally the overall aim is to improve the courts and make law fairer for everyone.
      In the world of law, the usual cases that get reported are typically ones that reach the higher courts – complex divorce cases with millions (or billions) in assets, international children cases and ‘high profile’ celebrities.
      This means that the everyday judgements are not open to public scrutiny, therefore patterns of decisions and perceived biases cannot be seen and the risk of a miscarriage of justice increases.
      Over time the hope is this will change. With enough reporting of everyday decisions the expectations of the court will be better understood and both the judges, and the courts will be held accountable for the procedural issues.
      What do the lawyers think of the transparency pilot?
      Every solicitor is different, but the overarching feeling is that this is a long overdue change. We spoke Leeds-based Stowe family lawyer, Jake Mitchell, one of our solicitors working within the pilot, to ask his thoughts:
      Q. What can a parent or spouse going through the family court at Leeds expect to change?
      JM. Very little. Considering the number of cases that go through the courts each day, chances are that an individual’s case won’t be reported on in any event. However, if they do, then they should expect to receive the same respect and confidentiality they would have received before the pilot. The reporters and legal bloggers that are allowed into hearings will not have any impact on your case, and they should be well versed in the law (perhaps lawyers themselves) so one would hope their subsequent reporting should be accurate.
      Q. What can a parent or spouse do if they don’t want to be reported on?
      JM. Tell their solicitor and ask for the judge to be made aware. If you think that your ability to go through proceedings will be impaired by the presence of a reporter then the judge may well decide that your case can be excused from the pilot.
      Q. What do you expect to see change in the long term?
      JM. With common issues such as when a mother is moving home and wants to change her son’s school, or when a father wants to take his daughter to on holiday but the mother says no, there is little to no precedent to go on.
      If the pilot goes well and reports on these everyday disputes become better understood, it will help mums and dads, husbands and wives in knowing what to expect.
      It may also encourage compromise and co-parenting outside of the court – if you already have a good idea what is going to happen, then you may be minded to think about settling early without the need to attend court. More

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      in Children

      Introducing Stowe talks podcast series 2

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      Our Stowe talks podcast series gives you access to expert advice from some of the best divorce professionals in the UK.
      In series two, family lawyers Matthew Taylor and Liza Gatrell are joined by special guests to explore issues including economic abuse, pensions and divorce, handling fear and uncertainty, overcoming loneliness and post-separation abuse. 
      With guests, Rosie Lyon, Ceri Griffiths, Tosh Brittan, Claire Macklin (nee Black) and Caron Kipping. 
      Take a listen
      Dealing with post-separation abuse 
      Divorce coach and domestic abuse specialist, Caron Kipping explains what post-separation abuse is, its impact, how to build the right support team, the power of reframing, and how to focus on what you can control to help build a positive future.
      Listen on Spotify
      Surviving economic abuse 
      Domestic abuse survivor, Rosie Lyon, explains what economic abuse is, the red flags, the support available, particularly in the banking system, and how people can safeguard themselves in the future. 
      Listen on Spotify
      Understanding pensions on divorce 
      Divorce financial planner Ceri Griffiths explains the different types of pensions, how to value one, the role of an actuary report, issues around offsetting, and pension sharing options.
      Listen on Spotify
      Overcoming loneliness
      Divorce Coach Tosh Brittan describes how loneliness can easily sneak up, how embracing it can help, and practical advice on dealing with it.
      Listen on Spotify
      Handling fear and uncertainty 
      Listen as Divorce Coach Claire Macklin (nee Black) shares tools to help you cope with the fear and uncertainty divorce brings, and take back some control. 
      Listen on Spotify
      Find out more
      Sign-up to our mailing list and we’ll keep you up-to-date with the latest Stowe talks, including our podcasts, videos and live webinars. 
      Find our show on Spotify  
      Watch our vodcast on YouTube  More

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      in Children

      Making arrangements for children this Christmas

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      With less than two months until Christmas, now’s the time to agree how your children will spend time with their other parent during the holidays.
      Christmas can be a time of tension for separated parents as they plan the festivities and plan where and how they’ll each see the children. 
      So, we asked our Regional Director for Yorkshire, Rachel Roberts, to share her advice for parents on taking the strain out of making child arrangements for Christmas. 
      Child arrangements and Christmas
      As we approach December, we see a flurry of clients getting in touch for help to try and resolve arrangements for the festive season. 
      Before I turn to my tips on how best to manage arrangements, there are a couple of key points from the Government and family law sector that are certainly at the forefront of my mind when advising clients.
      Last year, a leading family judge made it clear that parties should only be bringing disputes over children to court where absolutely necessary. The judge went on to criticise parents for asking the court to micro-manage children arrangements. The view from the court is clear – where possible you should be sorting these things out yourself.
      The Government have said that further lockdowns are unlikely and have been clear that restrictions do not prevent children from moving between separated parents, provided they are not self-isolating. 
      It seems unlikely that this will change, and CAFCASS (the government body that advises the court on children disputes) has stressed the need for children to maintain their usual routine.
      All that said, it is naive to think that difficulties will not arise, and the following guidance may help avoid unhappiness at Christmas.
      Tips for making child arrangements during Christmas 
      Preparation is key
      If you do not have plans in place, now is the time to start. Talk to your ex-partner and agree on arrangements that work for you all.
      Some clients I have worked with agreed that the children would spend Christmas Eve at one home and then return to the other for lunch on Christmas Day.
      Other clients decided that they would spend the whole festive period with one parent and the next year spend it with the other, alternating between the two.
      It is a personal choice based on what works for your family, but also the age of the children, location and how amicable you are.
      Be prepared to be flexible as plans may need to change. 
      Focus on the children 
      First and foremost, put the children at the heart of the plans you make. A different type of Christmas can still be a good Christmas. Talk about the positive: two Christmas Days, two sets of presents etc.
      Make sure you share your plans with the children. Depending on the age of the children, ask them what they would like? Older children need to feel they have a voice. 
      Once in place, sharing plans with the children means they know where they will be throughout the holiday, and the routine will make them feel safe and secure.
      Creating a visual plan can help as dates can be difficult for a child to understand. One client created a Christmas themed wall planner for their younger children. A tech-savvy teenager may prefer a joint Google calendar.
      Be fair to the other parent
      If this is your first year as a separated parent, this will all feel very raw and difficult. It is likely that you will both be dreading not spending Christmas entirely with your children. 
      Even though it can be difficult, try to think about the impact of any plans on your former partner. Ask yourself if you would be happy with the proposed arrangements next year? If the answer is no, then maybe they should be reconsidered. 
      Stick to the plan
      This year may require a certain level of flexibility, but where possible, it is important that, whatever arrangements you come to, you both stick to the plan. 
      Last-minute changes can cause feelings of disruption and uncertainty for children. And, whilst flexibility is an essential part of positive child arrangements, it is important to maintain consistency and provide stability.
      Get advice early, if needed
      Christmas is chaotic and organising a co-parenting schedule on top of everything else is never going to be easy, especially if communication between you and your ex-partner is difficult. 
      If you are struggling this year, take advice from a family lawyer who can try to assist in negotiating an agreement. 
      If you cannot reach an agreement, mediation can help as the presence of a 3rd party often eases tensions and result in finding common ground. 
      Mediation is still taking place via video conferencing, and many of our clients have reported that it is easier than being in the same room as their former partner.
      Court proceedings are possible but should be used as a last resort, and, due to the current strain on courts from the pandemic, it is highly unlikely that you have any prospect of a contested hearing before Christmas. 
      Hopefully, these tips, combined with some careful planning, compromise and putting the children first,  will help you and your ex-partner move forward towards a harmonious Christmas.
      Get in touch 
      If you would like any advice on child arrangements during Christmas, or other family law issues, please do contact our Client Care Team to speak to one of our specialist divorce lawyers here. 
      This article was previously published and has since been updated.  More

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      in Children

      September Stowe talks webinars

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      Stowe talks is a range of support tools including podcasts, videos and webinars, designed to help people going through a relationship breakdown and all the multi-faceted challenges this brings.
      Supporting children emotionally through divorce
      Thursday 22nd September 17:30 – 18:30
      Join Stowe talks webinar with family lawyer Sarah Barr Young and guest Sarah Weller a family relationship coach and parenting consultant as they discuss emotional support for children through divorce and separation including:

      What are the fundamental concepts for children’s well being
      How to talk to your child about divorce and create a positive vision
      What are the main stressors for a children and how you can help them
      Finding a successful co-parenting model even if you aren’t currently parenting on the same page
      What to do when your ex-partner doesn’t show up to co-parent
      Q&A opportunity to ask your questions.

      Book your free place on the Supporting children through divorce webinar

      Supporting male survivors of domestic abuse
      Thursday 20th October 17:30 – 18:30

      Join our family lawyers Jake Mitchel and Sarah Barr Young and they welcome guest Tom Nash, Divorce & Business Coach, to explore the challenges of male domestic abuse, available support for male victims of domestic abuse, as well as:

      The different types of domestic abuse
      The challenges & issues for male survivors
      The signs & red flags of male domestic abuse survivors
      What can friends, family and colleagues do?
      How to access the available support
      Q&A opportunity to ask your questions.

      Book your free place on the Supporting male survivors of domestic abuse webinar

      Understanding economic abuse and how to deal with it

      Wednesday 30th November 17:30 – 18:30
      Join us and special guest Rosie Lyon a prominent campaigner for better financial and banking support for survivors of domestic abuse as they discuss how to:

      How economic abusers operate
      How it can impact your financial future
      Rosie’s personal experience of abuse and how she overcame the challenges
      Guidance on how banks deal with economic abuse
      Practical tips to navigate banking
      Support available for survivors
      Q&A opportunity to ask your questions.

      Book your free place on the economic abuse webinar More

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      9 divorce myths debunked by a divorce lawyer

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      There are some common myths about divorce that remain steadfast despite being unfounded and incorrect in the eyes of the the law. Stowe managing Partner Amanda Phillips-Wylds debunks the top 9 divorce myths.
      Top 9 divorce myths
      When you decided to get divorced you might have heard or read lots of conflicting stories about what to expect about the process. It can feel very confusing. Based on my years of practice, I have put together a list of the 9 most common misconceptions I hear from my clients to help you reset your expectations and move forward with clarity.
      Myth 1 – Divorce always ends in court battles which leave spouses angry and bitter.It is very rare for spouses to have to attend court. Since the arrival of no-fault divorce spouses can no longer object to divorce proceedings being filed. Court intervention would only be necessary if couples are unable to settle disputes over financial claims, but this is still a last resort and before they get to this stage, they will have had to have tried other options such as mediation.
      Myth 2 – Divorce is always expensive.Costs can escalate quickly when it comes to resolving financial claims, especially if spouses cannot agree and take the case to court. However, they can undertake the divorce proceedings themselves to avoid incurring legal fees, alternatively many solicitors offer a fixed fee to act in divorce proceedings which will not be disputed.
      Myth 3 – Celebrities are special and so get ‘quickie’ divorces.The court processes divorce petitions in the order in which they are received. No divorces are singled out to be rushed through.
      Myth 4 – Assets are always shared equally on divorce.The starting point for division of assets is a 50/50 split, this is known as the ‘yardstick of equality’. However, it will not be appropriate in all cases to share the assets equally. There is no set formula which the court uses to make a decision, rather it has a list of factors it must consider and give weight to before arriving at a fair split. These include:

      the welfare of any minor child
      the income, earning capacity, and property each of the spouses has or is likely to have in the foreseeable future
      the financial needs, obligations and responsibilities which each of the spouses has or is likely to have in the foreseeable future
      the standard of living enjoyed by the family
      the age of each spouse and the duration of the marriage
      any physical or mental disability of either spouse
      the contributions which each of the spouses has made or is likely to make in the foreseeable future to the welfare of the family, including contributions in looking after the home or family
      the conduct of each spouse, if that conduct is so bad that it would be unfair to disregard it
      and finally the value of any benefit which a spouse will lose by reason of the divorce e.g. a pension.

      Myth 5 – Once you receive a Final Order that’s it.Unless there is an approved court order dealing with the financial claims spouses have as a result of their marriage, then either spouse could make a future claim against the other’s assets, even several years after they have been divorced. Having a Final Order does not end financial claims. There must be a court order that provides for a clean break.
      Myth 6 – There is an automatic right for the mother to have the children living with her upon separation.Upon separation it is for the parents to decide who the children will live with and how much time they will spend with the other parent. A court will not become involved unless the parents cannot agree, and they ask the court to make the decision for them. If a court does become involved its decision is based upon what it thinks is in the best interests of the child, and it has a checklist of factors to measure this against.
      As society changes, parenting roles are evolving from traditional norms and in more and more cases, fathers are taking a greater role in the care of their children, it is no longer unheard of for children to live with their father upon separation. There is no ‘standard’ arrangement for parents to follow when agreeing how much time children will spend with their father or mother once a relationship has broken down.
      The arrangements may differ during holidays and term time, and they normally evolve over time and as the children grow older. 50/50 shared care is becoming a more common arrangement between separated parents.
      Myth 7 – The parent with ‘custody’ of a child has greater rights than the other.Who a child lives with has no bearing on each parent’s role in making important decisions in the child’s life, or their role in caring for the child provided they each have parental responsibility.
      If both parents have parental responsibility, they both have an equal say in all the important decisions in the child’s life, for example in relation to education, medical treatment, religion, and property. The child’s mother automatically has parental responsibility for the child. The father will have parental responsibility if he was married to the mother at the time of the birth, if he is named on the child’s birth certificate, or if he has a Parental Responsibility Agreement with the mother or an order from the court.
      Myth 8 – If they are not receiving child maintenance, the parent with whom the child is living can stop the other parent seeing the child.There is no legal basis to stop the parent who must pay child maintenance from seeing their child if they stop paying. The remedy is to contact the Child Maintenance Service for a calculation.
      Myth 9 – Unmarried women have rights over property as Common Law Wives.There is no such thing as common law marriage in the UK, and so there is no automatic right to share assets between unmarried couples upon relationship breakdown. If a couple is going to cohabit or buy a property together it is important for them to obtain legal advice on what shares they will each have in that property and how this will be recorded.
      Get in touch
      For more information about divorce or separation please do get in touch with our Client Care Team using the details below or make an online enquiry More

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      Mediation and the Family Courts backlog

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      The Family Justice System is currently undergoing significant changes to try and reduce the strain and backlog faced by the family courts.
      The introduction of no-fault divorce and extended funding for mediation for disputes concerning children (£5.38million this financial year, raising the total invested in the scheme to £8.68million since March 2021) demonstrates a continued commitment to resolving matters away from the court arena. 
      The Family Mediation Council (FMC) voucher scheme introduced in March 2021 provides families in England and Wales with a £500 voucher to put towards the cost of mediation. The vouchers can be used by parents attending meditation to discuss the care of their child or children. By enabling divorcing couples and parents to resolve their disputes without litigation, it will enable the court to utilise its limited time on cases that require the adjudication of the court.  
      The emphasis on mediation and no-fault divorce is reflective of the desire for most separating couples to deal with the practical consequences of their separation in a private and constructive way. 
      Since the introduction of no fault divorce, the number of divorce applications have increased; HMCTS received 3,000 divorce applications in the week following the introduction of reforms in April, which is a 50% rise on the weekly average. 
      This demonstrates people’s desire to wait for the law to change, so that they can proceed in this new neutral non-adversarial way.  There is no longer a requirement to provide a reason for the marriage coming to an end, giving people greater respect for their private life, as well as removing the blame element of divorce previously seen. 
      This change in law sets a more amicable tone from the start, and therefore places people in a better position to make decisions about the children and their finances.
      Cafcass statistics show that in 2020/21, there were 97,496 children involved in private children proceedings, an increase of 23.1% since 2016/17. In public law, there were 143,129 children, an increase of 16.4% since 2016/17, with cases taking an average of 45 weeks to conclude. 
      These increases are not sustainable, for the courts or for the families facing long delays. The need to reduce the number of families in the Family Justice system is vital. The focus on solutions achieved through agreement benefits both families, and the Family Justice System, and the court are increasingly robust at encouraging parents to consider alternatives to litigation. 
      Recently in the case of Re B (a child) (Unnecessary Private Law Applications), his Honour Judge Wildblood QC said:
      ‘Do not bring your private law litigation to the family court here unless it is definitely necessary for you to do so,’ he said. ‘You should settle your differences (or those of your clients) away from court, except where that is not possible. If you do bring unnecessary cases to this court, you will be criticised, and sanctions may be imposed upon you.’
      The commitment to further funding for mediation follows research that mediation helps families reach solutions and outcomes that are best for their children. 
      The FMC conducted a survey which showed that mediation is successful in over 70% of cases. The funding enables parents to access mediation in circumstances where it would otherwise be unaffordable, and encourages people to proceed with this option. 
      It has raised the profile of mediation, as FMC research further showed that after an initial meeting, three quarters chose to mediate, and that 
      “This is despite the fact that many don’t know anything about mediation, or think their partner is so unreasonable that mediation will never work”. 
      It should not be surprising to hear that parental preference is to reach an agreement, rather than battle it out in court, and ultimately receive an order imposed upon them by a Judge who doesn’t know them or more importantly their child. 
      Most parents are acutely aware that while their marriage or relationship has come to an end, their relationship as parents has not. And however, hard it may be for them as an individual, as a parent they want to do the best for their child. 
      The option to attend mediation provides parents with the opportunity to communicate, explore the issues, discuss the options and resolve the matters that are important to them. 
      A Judge is unlikely to hear arguments on the appropriate amount of screen time for a child, the choice of gifts each parent buys for their birthday, or how the parents will explain to their child about their new routine now that their parents live apart. 
      All these things can be discussed and agreed upon in mediation. As one Judge said recently: 
      “I cannot order people to be nice. However, in mediation, parents can discuss matters and hopefully improve their communication so that they have the tools to resolve disputes, thus avoiding court now and in the future. The court must make decisions in the best interests of the child. However, court proceedings are often protracted, emotionally and financially expensive, and consequently damaging to the child and their parents. 
      Mediation is not appropriate in every case, nor is it always possible for parents to reach agreements. We need our Family Justice system to work effectively and efficiently for those families. 
      For example, in cases where there are allegations of domestic abuse, safeguarding concerns such as drug or alcohol abuse, parental alienation or protracted disputes. The court is a finite resource, but there must be access to our Family Justice System. 
      Lord Neuberger said access to justice “has a number of components. First, a competent and impartial judiciary; secondly, accessible courts; thirdly, properly administered courts; fourthly, a competent and honest legal profession; fifthly, an effective procedure for getting a case before the court; sixthly, an effective legal process; seventhly effective execution; eighthly, affordable justice.”
      The focus on dispute resolution options, such as mediation, is not designed to take away access to justice, but to create a Family Justice System that provides families with options to resolve their disputes in a way that is most appropriate for their circumstances. 
      The introduction of no-fault divorce and continued funding for mediation enables the focus to move from conflict and confrontation to communication and solutions, and enables our Courts to work more effectively for those who need to litigate. 
      Previously published on LawNews More